86 Ga. 192 | Ga. | 1890
No doubt the railroad company, on the facts alleged in the declaration (for which see the report), had no right to obstruct the public crossing with its train and delay the plaintiff unduly in his passage along the street from one side of the railway to the other ; but the obstruction, and the nature of it, were open and visible, and there is no sufficient reason alleged why the plaintiff should not have anticipated that the train might move at any moment. Nevertheless, instead of waiting for the train to get out of the way, applying for it to be moved, or attempting to go round it, he voluntarily and without warning any one of his intention exposed himself between the cárs by climbing upon their platforms adjacent to the bumpers, and was injured. There is nothing alleged from which it can rightly be inferred that his presence and position were known to'the engineer or to any person controlling the movements of the train. It is alleged that he proceeded to pass between the cars “openly and in presence of the employees of said train,” but it was a very long train, and where he attempted to cross was about the middle of it.. Who were the employees present, or what was their relation to the train, is not
Judgment affirmed.